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S01414 Summary:

BILL NOS01414
 
SAME ASSAME AS A00763
 
SPONSORPARKER
 
COSPNSRCARLUCCI, COMRIE, SEPULVEDA
 
MLTSPNSR
 
Amd 265.00, 265.20, 70.02 & 460.10, add 265.50 & 265.55, Pen L; amd 700.05, CP L
 
Establishes certain crimes relating to the criminal manufacture or possession of an undetectable firearm, rifle, or shotgun.
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S01414 Actions:

BILL NOS01414
 
01/14/2019REFERRED TO CODES
01/28/2019REPORTED AND COMMITTED TO RULES
01/28/2019ORDERED TO THIRD READING CAL.87
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S01414 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1414
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 14, 2019
                                       ___________
 
        Introduced  by Sens. PARKER, COMRIE, SEPULVEDA -- read twice and ordered
          printed, and when printed to be committed to the Committee on Codes
 
        AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
          relation to establishing crimes relating to the criminal possession or
          manufacture of undetectable firearms, rifles or shotguns

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 265.00 of the penal law is amended  by  adding  two
     2  new subdivisions 3-a and 26 to read as follows:
     3    3-a.  "Major  component  of  a  firearm,  rifle, or shotgun" means the
     4  barrel, the slide or cylinder, the frame, or receiver  of  the  firearm,
     5  rifle, or shotgun.
     6    26.  "Undetectable" means not detectable by an X-ray machine, portable
     7  pulsed x-ray generator, metal detector or magnetometer  when  set  at  a
     8  standard  calibration,  or any other machine used to screen or inspect a
     9  person and an object for a firearm, rifle, or shotgun.
    10    § 2. The penal law is amended by adding two new  sections  265.50  and
    11  265.55 to read as follows:
    12  § 265.50 Criminal  manufacture,  sale,  or  transport of an undetectable
    13             firearm.
    14    A person is guilty of criminal manufacture, sale, or transport  of  an
    15  undetectable firearm when he or she knowingly manufactures, causes to be
    16  manufactured,  sells,  exchanges, gives, disposes of, transports, ships,
    17  or possesses with the intent to sell:
    18    1. any firearm, rifle, or shotgun that, after removal of grips, stocks
    19  and magazines, is undetectable; or
    20    2. any major component of a firearm, rifle, or shotgun which is  unde-
    21  tectable.
    22    Criminal manufacture, sale, or transport of an undetectable firearm is
    23  a class D felony.
    24  § 265.55 Criminal possession of an undetectable firearm.
    25    A  person  is guilty of criminal possession of an undetectable firearm
    26  when he or she knowingly possesses an  undetectable  firearm,  rifle  or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04445-01-9

        S. 1414                             2
 
     1  shotgun  or  any  undetectable  major  component of a firearm, rifle, or
     2  shotgun.
     3    Criminal possession of an undetectable firearm is a class E felony.
     4    § 3. The opening paragraph and the opening paragraph of paragraph 1 of
     5  subdivision  a of section 265.20 of the penal law, the opening paragraph
     6  as amended by section 1 of part FF of chapter 57 of the laws of 2013 and
     7  the opening paragraph of paragraph 1 as amended by chapter 1041  of  the
     8  laws of 1974, are amended to read as follows:
     9    Paragraph (h) of subdivision twenty-two of section 265.00 and sections
    10  265.01, 265.01-a, [subdivision one of section] 265.01-b, 265.02, 265.03,
    11  265.04,  265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37,
    12  265.50, 265.55 and 270.05 shall not apply to:
    13    Possession  of  any  of  the  weapons,  instruments,   appliances   or
    14  substances specified in sections 265.01, 265.02, 265.03, 265.04, 265.05,
    15  265.50, 265.55 and 270.05 by the following:
    16    § 4. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
    17  as  amended  by  chapter  368 of the laws of 2015, is amended to read as
    18  follows:
    19    (c) Class D violent felony offenses: an attempt to commit any  of  the
    20  class C felonies set forth in paragraph (b); reckless assault of a child
    21  as defined in section 120.02, assault in the second degree as defined in
    22  section 120.05, menacing a police officer or peace officer as defined in
    23  section  120.18, stalking in the first degree, as defined in subdivision
    24  one of section 120.60, strangulation in the second degree as defined  in
    25  section  121.12, rape in the second degree as defined in section 130.30,
    26  criminal sexual act in the second degree as defined in  section  130.45,
    27  sexual abuse in the first degree as defined in section 130.65, course of
    28  sexual  conduct  against  a  child  in  the  second degree as defined in
    29  section 130.80, aggravated sexual abuse in the third degree  as  defined
    30  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    31  substance as defined in section 130.90, labor trafficking as defined  in
    32  paragraphs  (a) and (b) of subdivision three of section 135.35, criminal
    33  possession of a weapon in the third degree  as  defined  in  subdivision
    34  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
    35  a firearm in the third degree as defined in section 265.11, intimidating
    36  a  victim  or witness in the second degree as defined in section 215.16,
    37  soliciting or providing support for an act of terrorism  in  the  second
    38  degree  as defined in section 490.10, and making a terroristic threat as
    39  defined in section 490.20, falsely reporting an incident  in  the  first
    40  degree  as  defined in section 240.60, placing a false bomb or hazardous
    41  substance in the first degree as defined in section  240.62,  placing  a
    42  false  bomb  or  hazardous  substance in a sports stadium or arena, mass
    43  transportation facility or enclosed shopping mall as defined in  section
    44  240.63,  [and]  aggravated unpermitted use of indoor pyrotechnics in the
    45  first degree as defined in section  405.18,  and  criminal  manufacture,
    46  sale,  or  transport  of  an  undetectable firearm as defined in section
    47  265.50.
    48    § 5. The opening paragraph  of  paragraph  (c)  of  subdivision  2  of
    49  section  70.02  of the penal law, as amended by chapter 1 of the laws of
    50  2013, is amended to read as follows:
    51    Except as provided in subdivision six of section 60.05,  the  sentence
    52  imposed upon a person who stands convicted of the class D violent felony
    53  offenses  of  criminal  possession  of  a  weapon in the third degree as
    54  defined in subdivision five, seven, eight or  nine  of  section  265.02,
    55  criminal  sale  of  a  firearm in the third degree as defined in section
    56  265.11  [or],  the  class  E  violent  felonies  of  attempted  criminal

        S. 1414                             3
 
     1  possession  of  a  weapon  in the third degree as defined in subdivision
     2  five, seven, eight or nine of section 265.02, or  criminal  manufacture,
     3  sale,  or  transport  of  an  undetectable firearm as defined in section
     4  265.50  must  be a sentence to a determinate period of imprisonment, or,
     5  in the alternative, a definite sentence of imprisonment for a period  of
     6  no less than one year, except that:
     7    §  6.  Paragraph  (a)  of subdivision 1 of section 460.10 of the penal
     8  law, as amended by chapter 189 of the laws of 2018, is amended  to  read
     9  as follows:
    10    (a)  Any  of  the felonies set forth in this chapter: sections 120.05,
    11  120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
    12  ing to strangulation; sections 125.10 to 125.27  relating  to  homicide;
    13  sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
    14  135.25  relating  to  kidnapping; sections 135.35 and 135.37 relating to
    15  labor trafficking; section 135.65 relating to coercion; sections 140.20,
    16  140.25 and 140.30 relating to  burglary;  sections  145.05,  145.10  and
    17  145.12 relating to criminal mischief; article one hundred fifty relating
    18  to  arson;  sections 155.30, 155.35, 155.40 and 155.42 relating to grand
    19  larceny; sections 177.10, 177.15, 177.20 and 177.25 relating  to  health
    20  care  fraud;  article  one  hundred  sixty relating to robbery; sections
    21  165.45, 165.50, 165.52 and 165.54 relating  to  criminal  possession  of
    22  stolen  property; sections 165.72 and 165.73 relating to trademark coun-
    23  terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65  and
    24  170.70  relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
    25  210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
    26  176.30 relating to insurance fraud; sections 178.20 and 178.25  relating
    27  to  criminal  diversion  of  prescription medications and prescriptions;
    28  sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
    29  200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27,  200.56,
    30  215.00,  215.05 and 215.19 relating to bribery; sections 187.10, 187.15,
    31  187.20 and 187.25  relating  to  residential  mortgage  fraud,  sections
    32  190.40 and 190.42 relating to criminal usury; section 190.65 relating to
    33  schemes  to  defraud; any felony defined in article four hundred ninety-
    34  six; sections 205.60  and  205.65  relating  to  hindering  prosecution;
    35  sections  210.10,  210.15,  and 215.51 relating to perjury and contempt;
    36  section 215.40 relating to tampering with  physical  evidence;  sections
    37  220.06,  220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41,
    38  220.43, 220.46, 220.55, 220.60, 220.65 and 220.77 relating to controlled
    39  substances; sections 225.10 and 225.20 relating  to  gambling;  sections
    40  230.25,  230.30,  and 230.32 relating to promoting prostitution; section
    41  230.34 relating to sex trafficking; section  230.34-a  relating  to  sex
    42  trafficking  of  a  child;  sections  235.06,  235.07, 235.21 and 235.22
    43  relating to obscenity; sections 263.10 and 263.15 relating to  promoting
    44  a  sexual  performance  by  a  child;  sections  265.02, 265.03, 265.04,
    45  265.11, 265.12, 265.13  and  the  provisions  of  section  265.10  which
    46  constitute  a  felony  relating to firearms and other dangerous weapons;
    47  sections 265.14 and 265.16 relating  to  criminal  sale  of  a  firearm;
    48  section  265.50  relating to the criminal manufacture, sale or transport
    49  of an undetectable firearm; section 275.10, 275.20,  275.30,  or  275.40
    50  relating to unauthorized recordings; and sections 470.05, 470.10, 470.15
    51  and 470.20 relating to money laundering; or
    52    §  7. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
    53  procedure law, as amended by chapter 189 of the laws of 2018, is amended
    54  to read as follows:
    55    (b) Any of the following felonies: assault in  the  second  degree  as
    56  defined  in section 120.05 of the penal law, assault in the first degree

        S. 1414                             4
 
     1  as defined in section 120.10 of the penal law, reckless endangerment  in
     2  the  first degree as defined in section 120.25 of the penal law, promot-
     3  ing a suicide attempt as defined in section 120.30  of  the  penal  law,
     4  strangulation  in  the second degree as defined in section 121.12 of the
     5  penal law, strangulation in the  first  degree  as  defined  in  section
     6  121.13  of  the  penal  law, criminally negligent homicide as defined in
     7  section 125.10 of the penal law, manslaughter in the  second  degree  as
     8  defined  in  section  125.15 of the penal law, manslaughter in the first
     9  degree as defined in section 125.20 of the  penal  law,  murder  in  the
    10  second  degree  as defined in section 125.25 of the penal law, murder in
    11  the first degree as defined in section 125.27 of the penal law, abortion
    12  in the second degree as defined in section  125.40  of  the  penal  law,
    13  abortion  in  the first degree as defined in section 125.45 of the penal
    14  law, rape in the third degree as defined in section 130.25 of the  penal
    15  law, rape in the second degree as defined in section 130.30 of the penal
    16  law,  rape in the first degree as defined in section 130.35 of the penal
    17  law, criminal sexual act in the  third  degree  as  defined  in  section
    18  130.40  of  the  penal  law, criminal sexual act in the second degree as
    19  defined in section 130.45 of the penal law, criminal sexual act  in  the
    20  first degree as defined in section 130.50 of the penal law, sexual abuse
    21  in  the  first  degree  as  defined  in section 130.65 of the penal law,
    22  unlawful imprisonment in the first degree as defined in  section  135.10
    23  of  the penal law, kidnapping in the second degree as defined in section
    24  135.20 of the penal law, kidnapping in the first degree  as  defined  in
    25  section 135.25 of the penal law, labor trafficking as defined in section
    26  135.35  of  the  penal  law,  aggravated labor trafficking as defined in
    27  section 135.37 of the penal law, custodial  interference  in  the  first
    28  degree  as  defined  in section 135.50 of the penal law, coercion in the
    29  first degree as defined in section 135.65 of  the  penal  law,  criminal
    30  trespass  in  the first degree as defined in section 140.17 of the penal
    31  law, burglary in the third degree as defined in section  140.20  of  the
    32  penal law, burglary in the second degree as defined in section 140.25 of
    33  the penal law, burglary in the first degree as defined in section 140.30
    34  of  the  penal  law, criminal mischief in the third degree as defined in
    35  section 145.05 of the penal law, criminal mischief in the second  degree
    36  as  defined in section 145.10 of the penal law, criminal mischief in the
    37  first degree as defined in section 145.12 of  the  penal  law,  criminal
    38  tampering  in the first degree as defined in section 145.20 of the penal
    39  law, arson in the fourth degree as defined  in  section  150.05  of  the
    40  penal law, arson in the third degree as defined in section 150.10 of the
    41  penal  law,  arson  in the second degree as defined in section 150.15 of
    42  the penal law, arson in the first degree as defined in section 150.20 of
    43  the penal law, grand larceny in the fourth degree as defined in  section
    44  155.30 of the penal law, grand larceny in the third degree as defined in
    45  section  155.35  of the penal law, grand larceny in the second degree as
    46  defined in section 155.40 of the penal law, grand larceny in  the  first
    47  degree  as defined in section 155.42 of the penal law, health care fraud
    48  in the fourth degree as defined in section  177.10  of  the  penal  law,
    49  health  care  fraud  in the third degree as defined in section 177.15 of
    50  the penal law, health care fraud in the  second  degree  as  defined  in
    51  section  177.20  of the penal law, health care fraud in the first degree
    52  as defined in section 177.25 of the penal  law,  robbery  in  the  third
    53  degree  as  defined  in  section 160.05 of the penal law, robbery in the
    54  second degree as defined in section 160.10 of the penal law, robbery  in
    55  the first degree as defined in section 160.15 of the penal law, unlawful
    56  use  of  secret  scientific material as defined in section 165.07 of the

        S. 1414                             5
 
     1  penal law, criminal possession of stolen property in the  fourth  degree
     2  as  defined  in  section 165.45 of the penal law, criminal possession of
     3  stolen property in the third degree as defined in section 165.50 of  the
     4  penal  law,  criminal possession of stolen property in the second degree
     5  as defined by section 165.52 of the penal law,  criminal  possession  of
     6  stolen  property in the first degree as defined by section 165.54 of the
     7  penal law, trademark counterfeiting in the second degree as  defined  in
     8  section  165.72  of the penal law, trademark counterfeiting in the first
     9  degree as defined in section 165.73 of the penal  law,  forgery  in  the
    10  second  degree as defined in section 170.10 of the penal law, forgery in
    11  the first degree as defined in section 170.15 of the penal law, criminal
    12  possession of a forged instrument in the second  degree  as  defined  in
    13  section 170.25 of the penal law, criminal possession of a forged instru-
    14  ment  in the first degree as defined in section 170.30 of the penal law,
    15  criminal possession of forgery devices as defined in section  170.40  of
    16  the  penal  law,  falsifying  business  records  in  the first degree as
    17  defined in section 175.10  of  the  penal  law,  tampering  with  public
    18  records  in  the  first degree as defined in section 175.25 of the penal
    19  law, offering a false instrument for  filing  in  the  first  degree  as
    20  defined  in section 175.35 of the penal law, issuing a false certificate
    21  as defined in section 175.40 of the penal  law,  criminal  diversion  of
    22  prescription  medications  and  prescriptions  in  the  second degree as
    23  defined in section 178.20  of  the  penal  law,  criminal  diversion  of
    24  prescription  medications  and  prescriptions  in  the  first  degree as
    25  defined in section 178.25 of the penal law, residential  mortgage  fraud
    26  in  the  fourth  degree  as  defined in section 187.10 of the penal law,
    27  residential mortgage fraud in the third degree  as  defined  in  section
    28  187.15 of the penal law, residential mortgage fraud in the second degree
    29  as  defined  in  section  187.20  of the penal law, residential mortgage
    30  fraud in the first degree as defined in section 187.25 of the penal law,
    31  escape in the second degree as defined in section 205.10  of  the  penal
    32  law,  escape  in  the  first  degree as defined in section 205.15 of the
    33  penal law, absconding from temporary release  in  the  first  degree  as
    34  defined  in section 205.17 of the penal law, promoting prison contraband
    35  in the first degree as defined in  section  205.25  of  the  penal  law,
    36  hindering  prosecution in the second degree as defined in section 205.60
    37  of the penal law, hindering prosecution in the first degree  as  defined
    38  in  section  205.65  of  the  penal  law,  sex trafficking as defined in
    39  section 230.34 of the penal law, sex trafficking of a child  as  defined
    40  in section 230.34-a of the penal law, criminal possession of a weapon in
    41  the  third  degree  as  defined  in  subdivisions two, three and five of
    42  section 265.02 of the penal law, criminal possession of a weapon in  the
    43  second  degree  as  defined in section 265.03 of the penal law, criminal
    44  possession of a weapon in the first degree as defined in section  265.04
    45  of  the penal law, manufacture, transport, disposition and defacement of
    46  weapons and dangerous instruments and appliances defined as felonies  in
    47  subdivisions  one,  two,  and  three of section 265.10 of the penal law,
    48  sections 265.11, 265.12 and 265.13 of the penal law, or  prohibited  use
    49  of  weapons as defined in subdivision two of section 265.35 of the penal
    50  law, relating to firearms and other dangerous weapons, criminal manufac-
    51  ture, sale, or transport  of  an  undetectable  firearm  as  defined  in
    52  section  265.50 of the penal law, or failure to disclose the origin of a
    53  recording in the first degree as defined in section 275.40 of the  penal
    54  law;
    55    § 8. This act shall take effect on the one hundred eightieth day after
    56  it shall have become a law.
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